PRATAP SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THE instant controversy relates to, a consideration of claims of Scheduled Tribe candidates, for appointment to the posts of Trade Tax Officer, Grade -I (subsequently re -designated as Assistant Commissioner, Trade Tax) and Trade Tax Officer, Grade -II.

(2.) RESERVATION for Scheduled Tribes, claiming appointment by way of direct recruitment, has been determined under Government Order dated 31.08.2001. The aforesaid Government Order lays down a 100 point roster. In the aforesaid 100 point roster, every 24th roster point is reserved for Scheduled Tribe candidates. The first roster point for Scheduled Tribe candidates falls at serial No. 24, and the second one falls at serial No. 28, and so on and so forth.

(3.) THE next advertisement was issued on 26.12.2004. Herein again, besides other posts, 6 posts of Assistant Commissioner, Trade Tax and 27 posts of Trade Tax Officer, Grade -II were advertised. In the instant advertisement, while no reservation was made for Scheduled Tribe candidates in the advertised posts for Assistant Commissioner, Trade Tax, one post was shown as reserved for Scheduled Tribe candidates, out of the 27 advertised posts of Trade Tax Officer, Grade -II. The instant advertisement was in compliance, as also in consonance with, the requisition made by the State Government. During the course of hearing, learned Counsel for the petitioner did not dispute the veracity of the instant advertisement.